Practice and Procedure

Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.

One of the biggest unanswered questions in chapter 13 sometimes forces debtors to keep homes they need to sell or strips away appreciation if they are forced to sell.

Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.

Some or All Parties-in-Interest? The Gradual Evolution of Factors Considered in Debtors’ Involuntary Conversions By Tom Riske and Evan Miller Bankruptcy is often a tale of “too many creditors chasing too few dollars,” 1 but what happens when creditors and parties-in

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

DOJ Provides Guidance on Evaluating Federal Student Loan Discharge Requests in Bankruptcy By Carissa Sterling 1 The Department of Justice (DOJ), in coordination with the Department of Education (DOE), has released new guidance on the process through which DOJ attorneys

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Third Circuit Holds that “Financial Distress” Is Requisite Component of Good Faith in Filing a Petition In a move colloquially known as the “Texas Two-Step,” a highly profitable but litigation